Check out http://auda.org.au/domain-news/ for the most recent edition of the domain news - already online! The domain name news is supported by auDA. +++++++++++++++++++++++++++++++ Law and Policy for Resolving Domain Name Disputes in Hong Kong by RICHARD WU (Hong Kong Law Journal) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=926653 Summary Judgment Denied in a Case of Creative Typosquatting http://www.circleid.com/posts/summary_judgment_creative_typosquatting/ VeriSign Digital Branding Bulletin July/August 2006 http://www.verisign.com/Resources/Digital_Brand_Management_Services_Resources/Digital_Branding_Bulletin/page_038931.html The DNSSEC "Onus of Reality Check" Shifted to gTLD Administrations by ICANN by Thierry Moreau http://www.circleid.com/posts/dnssec_to_gtld_administrations_by_icann/ *************** RESEARCH PAPERS *************** Restrictions of Competition in Internet governance by FILOMENA CHIRICO (Tilburg Law and Economics Center) Abstract: This paper analyses and discusses the regulation of the DNS, i.e. the system of Internet unique identifiers. There is a widespread belief that this industry needs a regulator, be it a private one in which all stakeholders could be represented, or rather a public international one in which all world governments could be represented. In this power struggle, an issue was left substantially underexplored, that is whether a regulator is needed in the first place and what the object of the regulation should be. The paper aims at exploring the possible answer to such questions, on the basis of an economic analysis of the industry. After having described the technical characteristics of the DNS, the paper presents the current structure of the DNS industry and attempts an economic analysis thereof, in search of market failures liable to justify a regulatory intervention. In particular, it questions the unsubstantiated assumption that the DNS industry shows the characteristics of a natural monopoly. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=928575 Commerce vs Commentary: Gripe Sites, Parody and the First Amendment in Cyberspace by JACQUELINE D. LIPTON (Case Western Reserve University School of Law) Abstract: The Global Online Freedom Bill of 2006 emphasizes the importance of freedom of speech on the Internet as a fundamental human right. However, the backbone of the World Wide Web, the Internet domain name system, is a poor example of protecting free speech, particularly in terms of the balance between speech and commercial trademark interests. This is apparent from the manner in which the legislature and the judiciary deal with cases involving Internet gripe sites and parody sites. The lack of a clear consensus on the protection of free speech in these contexts is troubling, and can be found in a number of recent cases including: use of the peta.org domain name for a parody site on the activities of 'People for the Ethical Treatment of Animals'; use of 'bosleymedical.com' for a gripe site about the practices of the Bosley Medical Institute; and, use of a misspelling of the Reverend Jerry Falwell's last name (fallwell.com) for a website critical of the Reverend's viewpoints on homosexuality. This article examines how trademark law has come to trump freedom of expression under the domain name system, and makes recommendations for regulatory reform to ensure a better balance of rights in the future. In particular, it suggests the development of presumptions against trademark infringement in cases clearly involving criticism or parody of a trademark holder in cyberspace. Law and Policy for Resolving Domain Name Disputes in Hong Kong by RICHARD WU (Hong Kong Law Journal) Abstract: Domain name disputes, a byproduct of the growth of the Internet and electronic commerce, are becoming more frequent in Hong Kong. The author considers how domain name disputes can be dealt with under Hong Kong law, having regard to legal developments on domain name dispute resolution in other jurisdictions. The author also considers the Uniform Dispute Resolution Policy ('UDRP') adopted in 1999 by the Internet Corporation for Assigned Names and Numbers ('ICANN'), the international corporation responsible for international domain name policy. The author concludes that Hong Kong should adopt a UDRP-like dispute resolution procedure, as best suited to facilitate electronic commerce in Hong Kong. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=926653 Domain Names, Trademarks, and the First Amendment: Searching for Meaningful Boundaries by MARGRETH BARRETT (Connecticut Law Review) Abstract: This article argues that domain names for forum web sites are comparable to the titles of expressive works, and points out how existing principles defining and governing the regulation of non-commercial speech should apply when mark owners challenge incorporation of their marks into domain names for gripe sites and other forum sites that target the mark owner. Unfortunately, courts have generally ignored the Supreme Court's definition of noncommercial speech in this context, and the First Amendment implications of prohibiting the defendants' use. In particular, courts are equating commercial speech with the Lanham Act's recently expanded commercial use requirement. While the commercial use requirement has served in the past to ensure that Lanham Act protection is consistent with First Amendment principles, its recent expansion has seriously undermined its effectiveness to do so. The article also examines the interface of First Amendment protection with the Anticybersquatter Consumer Protection Act, focusing particularly on how the courts are construing and applying the forth and fifth factors that the Act lays out for determining whether a defendant has the requisite bad faith intent to profit from the plaintiff's mark. The article notes several concerns, including a tendency of courts to undermine the purpose of the fourth factor's safe harbor for noncommercial fair use by: 1) relying on recent expansion of the Lanham Act's commercial use requirement in infringement and dilution cases to find that the defendant's forum site use was "commercial"; 2) focusing on the defendant's intent to harm the plaintiff, rather than his intent to profit; and 3) defining "profit" to include non-financial interests, such as the defendant's personal satisfaction from airing his criticism of the plaintiff. The article also points out pitfalls in the courts' construction of the fifth factor, and suggests alternative constructions that are more consistent with First Amendment precedent. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=928261 ********************** DOMAIN NAMES ********************** Summary Judgment Denied in a Case of Creative Typosquatting In the case of Lands? End, Inc. v. Remy, the defendant website owners were accused of crafting a clever scheme to get some extra commissions from their affiliate relationship with landsend.com. It looks like the scheme has backfired, however, as Lands? End?s claim against the defendants under the Anticybersquatting Consumer Protection Act, [15 U.S.C. ?1125(d)] ("ACPA") has survived a summary judgment motion and the case is heading for trial. http://www.circleid.com/posts/summary_judgment_creative_typosquatting/ VeriSign Digital Branding Bulletin July/August 2006 Spotlight: In this month?s domain name news, both the Indian and New Zealand registries have introduced new dispute resolution policies. The Vietnamese registry announced it is delaying the launch of second-level domain names yet again, while Korea announced plans to launch second-level domain names in September. Meanwhile, EURid has suspended more than 74,000 .EU domain names due to concerns about how they were registered, and the .MOBI registry extended the deadline for Sunrise applications to allow companies more time to register trademarks. The future of Internet governance and threats to U.S. dominance continue to make the news as ICANN?s contract expires in September and China moves forward with plans for launching its Next Generation Internet at the 2008 Olympics. http://www.verisign.com/Resources/Digital_Brand_Management_Services_Resources/Digital_Branding_Bulletin/page_038931.html Will Vista stall Net traffic? Thanks to new directory software, Windows Vista could put a greater load on Internet servers. But experts disagree over whether we're headed for a prime-time traffic jam or insignificant slowdown. Microsoft's launch of Windows Vista could slow down or stall traffic on the Net, said Paul Mockapetris, who is widely credited with inventing the Internet's Domain Name System (DNS). Mockapetris believes Vista's introduction will cause a surge in DNS traffic because the operating system supports two versions of the Internet Protocol, a technology standard used to send information over computer networks. http://news.com.com/2100-1016_3-6112338.html The DNSSEC "Onus of Reality Check" Shifted to gTLD Administrations by ICANN by Thierry Moreau Last month, there was an exchange of letters between a gTLD administration and ICANN about DNSSEC deployment. This gTLD administration is PIR or Public Interest Registry, the gTLD administration for the .org TLD. Interestingly, PIR is a non-profit organization that makes significant contributions to ISOC (Internet Society) initiatives: thus, both ICANN and PIR are organizations dedicated to the well-being of the Internet. http://www.circleid.com/posts/dnssec_to_gtld_administrations_by_icann/ EarthLink Criticized for DNS Redirects Internet service provider EarthLink is drawing fire from customers after launching a test program in which it redirects nonexistent domains to a company-provided error page containing suggestions, a search box and advertisements. http://www.betanews.com/article/EarthLink_Criticized_for_DNS_Redirects/1157575614 RIPE NCC Member Update The RIPE NCC Member Update is published a month prior to each RIPE Meeting. The latest edition includes: Daniel Karrenberg Elected as Chair of ISOC?s Board of Trustees; Certification of IP Resources; RIPE Policy Development in 2006; The Internet Governance Forum, Athens 2006. http://ripe.net/membership/newsletter/index.html ICANN Formalizes Relationship with ccTLD Manager for Guatemala ICANN has announced today that it has signed an accountability framework with the ccTLD manager for .gt--Guatemala, Universidad del Valle de Guatemala. http://icann.org/announcements/announcement-07sep06.htm ICANN Strategic Planning Process for the July 2007 - June 2010 Strategic Plan The ICANN Strategic Plan is a three year plan that is reviewed and updated annually. The ICANN planning calendar is divided into separate, two month segments. Strategic planning occurs during the first six months of the fiscal year and operating planning and budgeting occurs during the second six months. The present strategic and operating plans can be found at http://www.icann.org/announcements/strategic-plan-22jun06.htm and http://www.icann.org/announcements/operating-plan-22jun06.htm , respectively. http://icann.org/announcements/issues-paper-08sep06.htm JPRS Updated the List of Japanese JP Domain Names for Government and Started Registration for Relevant Government Organizations (news release) JPRS today published the updated list of Japanese JP domain names reserved for the Japanese government, and started accepting application for registration of the listed domain names by the relevant government organizations. http://jprs.co.jp/en/topics/060905.html Netcraft September 2006 Web Server Survey In the September 2006 survey we received responses from 96,854,877 sites, an increase of 4.2 million (4.3%) from last month's survey. This continues the accelerated pace of Internet growth in recent months, as the survey has gained 15.5 million sites since June. http://news.netcraft.com/archives/2006/09/05/september_2006_web_server_survey.html iMonetize.com Creates an All in One Solution for Domain Name Investors Active in Search Marketing (news release) iMonetize.com utilizes a unique and exclusive technology to find and generate the most profits for domain name speculators (AKA - Domainers). With an ever-growing list of features, iMonetize.com is a one of a kind all in one domain monetization solution. http://prweb.com/releases/2006/9/prweb434225.htm Why the internet is at risk of splitting (reprinted from The Guardian) The internet is a global revolution in communication - as long as you speak English. ACCORDING to Kaled Fattal, "People say the net works, but it only works for those communities whose native language is Latin-based. The rest of the world is totally isolated." Fattal speaks perfect English but, as chairman and chief executive of the Multilingual Internet Names Consortium (MINC), and an Arab, he knows most of the world's population does not. http://www.theage.com.au/articles/2006/09/06/1157222139446.html http://www.smh.com.au/articles/2006/09/06/1157222139446.html *************** RESEARCH PAPERS *************** OECD: Making Privacy Notices Simple: an OECD Report and Recommendations Privacy notices are an excellent tool to disclose an organisation's privacy practices and policies. Research suggests, however, that many notices are too lengthy, confusing, and contain complex legal language. This report recommends that privacy notices be short, simple and usable to make it easier for individuals to assimilate the information they contain and to compare the privacy practices of the organisations processing their personal data. http://www.oecd.org/topic/0,2686,en_2649_37441_1_1_1_1_37441,00.html Survey of the Law of Cyberspace: Internet Contracting Cases 2004-2005 by JULIET M. MORINGIELLO & WILLIAM L. REYNOLDS II (Business Lawyer) Abstract: This article reviews recent developments in the United States and the European Union involving Internet transactions. It describes those developments and analyzes both from a normative and practical perspective. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=925648 An Asian Perspective on Online Mediation by SANJANA HATTOTUWA & MELISSA CONLEY TYLER (Asian Journal on Mediation) Abstract: This paper challenges the current paradigm being used for development of online dispute resolution and its application to the Asia Pacific region. Instead, it suggests that a more Asia-Pacific perspective needs to be taken that responds to the patterns of technology adoption in this region. In particular, the next generation of online dispute resolution systems will need to reflect the rich diversity of cultures in Asia and its unique socio-political textures. In doing so, these ODR systems will need to address peacebuilding and conflict transformation using technologies already prevalent in the region, like mobile telephony and community internet radio. Practical suggestions are made for future areas of development in ODR after a brief exploration of key challenges that influence the design of such systems. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=925159 Internet Stings Directed at Pedophiles: A Study in Philosophy and Law by JOSEPH S. FULDA (Sexuality & Culture, 2007) Abstract: This paper considers a jurisprudential issue that has heretofore not received much attention: Do Internet Stings Directed at Pedophiles Create Offenders or Capture Offenders?, to paraphrase my 2002 article in Sexuality and Culture which opened this subject. Section II presents the jurisprudential argument, while Section I gives a framework for classifying work in jurisprudence as (1) an application of ethics and allied fields to legal matters - the traditional definition, (2) a philosophical examination of a legal question, the argument does not depend on ethical premises but rather given data only appeals to (already) shared ethical premises, and (3) a kind of examination that takes existing legal frameworks as a given and then makes an ethical argument within those frameworks, with the aim of achieving logical coherence of the whole. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=794447 Cracks in the Foundation: The New Internet Legislation's Hidden Threat to Privacy and Commerce by JOSHUA FAIRFIELD (Arizona State Law Journal) Abstract: Scholarship to date has focused on the legal significance of the novelty of the Internet. This scholarship does not describe or predict actual Internet legislation. Instead of asking whether the Internet is so new as to merit new law, legislators and academics should re-evaluate the role of government in orchestrating collective action and change the relative weight of enforcement, deterrence, and incentives in Internet regulations. A perfect example of the need for this new approach is the recent CANSPAM Act of 2003, which was intended to protect personal privacy and legitimate businesses. However, the law threatens both of these interests, because it does not recognize either the limits of enforceability, or the enhanced possibilities for incentives offered by the decentralized architecture of the Internet. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=925231 ****************************************** OTHER INTERNET NEWS ****************************************** The SAFT Parental Survey 2006 The results from the SAFT 2006 Parental Survey about monitoring and knowledge about children's use of the Internet and mobile phones. http://www.saftonline.org/latestnews/2814/ au: New program to shield kids THE government is warning children of the dangers of online sexual predators and bullying via a new computer educational program. http://australianit.news.com.au/articles/0,7204,20364044%5e16123%5e%5enbv%5e,00.html http://au.news.yahoo.com/060906/21/10fcb.html http://www.acma.gov.au/ACMAINTER.524610:STANDARD::pc=PC_100741 uk: 'Name and shame' plan for websites Websites that fail to protect children from sexual predators could face legal action from a new online child protection agency. The huge popularity of social networking sites such as MySpace, where millions of youngsters have posted personal information, has increased concern at the potential for paedophiles to 'groom' youngsters for abuse through the internet. http://technology.guardian.co.uk/news/story/0,,1868165,00.html uk: Please get interfering government ministers out of our bedrooms The proposal to legislate against violent pornography is not only unworkable, but fundamentally intrusive, putting government where we least want it - in our bedrooms - writes Carol Sarler http://politics.guardian.co.uk/homeaffairs/comment/0,,1863885,00.html cn: Wikipedia defies China's censors The founder of Wikipedia, the online encyclopaedia written by its users, has defied the Chinese government by refusing to bow to censorship of politically sensitive entries. http://observer.guardian.co.uk/uk_news/story/0,,1869006,00.html us: Xanga to Pay $1 Million in Children's Privacy Case Social-networking site Xanga.com Inc. and its operators said yesterday that they would pay a $1 million fine for alleged violations of the Children's Online Privacy Protection Act, at a time of heightened parental and government concern about children's safety online. http://www.washingtonpost.com/wp-dyn/content/article/2006/09/07/AR2006090701393.html http://australianit.news.com.au/articles/0,7204,20375485%5e16123%5e%5enbv%5e,00.html http://ftc.gov/opa/2006/09/xanga.htm us: Web social site Facebook hit by privacy protests Facebook.com, a fast-growing U.S. social network Web site, has sparked a privacy backlash that has quickly become one of the broadest cyber-protests ever with more than 600,000 members signing an online petition by midday Thursday. http://go.reuters.co.uk/newsArticle.jhtml?type=internetNews&storyID=13423364 http://australianit.news.com.au/articles/0,7204,20375150%5e16123%5e%5enbv%5e,00.html us: Facebook adopts new privacy controls Fast-growing U.S. social network Web site Facebook said on Friday it has adopted new privacy controls following an unprecedented online backlash over a new feature that let users track their friends online. http://go.reuters.co.uk/newsArticle.jhtml?type=technologyNews&storyID=13433688 http://www.theregister.co.uk/2006/09/08/facebook_climbdown/ au: Charges over web auction fraud A SYDNEY man will face court today on fraud charges relating to the sale on non-existent iPods on an internet auction website. http://australianit.news.com.au/articles/0,7204,20368404%5E26199%5E%5Enbv%5E15306-15319,00.html OECD: Broadband bubbling Though the dot.com crash of 2001 burst the e-commerce bubble, recent figures show that broadband has remained dynamic. Indeed, growth in the number of broadband Internet connections in OECD countries has risen from an average of 2.9 in 2001 to 13.6 subscribers per 100 inhabitants in December 2005. http://oecdobserver.org/news/fullstory.php/aid/1910 Korea: Hooked on Online Gaming Some experts say the nation's addiction is a bigger concern than alcohol, gambling, or drugs http://www.businessweek.com/magazine/content/06_37/b4000070.htm Business trumps porn online SEX and pornography have been trounced by business and e-commerce as the most popular internet search topics, new research shows. http://australianit.news.com.au/articles/0,7204,20369689%5e16123%5e%5enbv%5e,00.html http://www.smh.com.au/articles/2006/09/07/1157222251731.html 25-Year PC Anniversary Statistics: IBM-Compatible PC Sales have topped 1.5B Units Worth $B3,100. The IBM PC was announced on August 12, 1981 and became available for sale two months later. Because IBM encouraged other companies to develop IBM-compatible PCs, it quickly became a standard for the whole PC industry. Compaq introduced the first IBM-compatible PC in January 1983 and over 100 other companies followed in the next decade. In the early 1990s Microsoft wrestled away IBM?s leadership of the PC standard and it became Windows-compatible PCs. http://c-i-a.com/pr0806.htm Why the iPod is losing its cool Apple has added ever more extras to its digital music-player in a bid to stem falling sales. But fears are rising that the device is now too common to be cutting edge. http://observer.guardian.co.uk/uk_news/story/0,,1869042,00.html Why Vista will mean the end of the Microsoft monolith Well, the long wait is nearly over. Microsoft's elephantine parturition has produced an heir. Last week the company distributed 'Release Candidate 1' (RC1) of Vista, the new incarnation of Windows, to about 5 million favoured customers. Think of it as the final beta of the software. Microsoft says it is still on course to deliver a version to corporate customers in November, followed by a consumer release to high-street dealers in January. http://observer.guardian.co.uk/business/story/0,,1868642,00.html nz: Telecom Separation Model only goes halfway! (news release) Telecom today appeared before the Select Committee investigating the Telecommunications Act regulatory http://www.internetnz.net.nz/media/2006-09-06-telecom-model +++++++++++++++++++++++++++++++ Check out http://auda.org.au/domain-news/ for the most recent edition of the domain news - already online! The domain name news is supported by auDA. Also see http://internews.tv/mailman/admin/internetnews_internews.tv for an archive and to subscribe to the domain name or general internet news. Sources include Quicklinks <http://qlinks.net/> and BNA Internet Law News <http://www.bna.com/ilaw/>. +++++++++++++++++++++++++++++++ (c) David Goldstein 2006 David Goldstein address: 4/3 Abbott Street COOGEE NSW 2034 AUSTRALIA email: Goldstein_David §yahoo.com.au phone: +61 418 228 605 (mobile); +61 2 9665 5773 (home) "Every time you use fossil fuels, you're adding to the problem. Every time you forgo fossil fuels, you're being part of the solution" - Dr Tim Flannery ____________________________________________________ Do you Yahoo!? Take part in Total Girl?s Ultimate Slumber Party and help break a world record http://www.totalgirl.com.auReceived on Wed Sep 13 2006 - 12:45:05 UTC
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